how can i get expungement in indiana without a lawyer

by Muriel Wilderman 9 min read

A petitioner is not required to hire an attorney to assist with the expungement process, it is the petitioner’s choice to hire legal representation. In the absence of legal representation, the petitioner must correctly complete the petition form to include all personal and court information, docket numbers, charges, and dispositions.

Full Answer

How do I get my record expunged in Indiana?

Jul 30, 2020 · Obtaining a Free Expungement in Indiana In Indiana, there are several nonprofit organizations that can assist eligible low-income individuals in the need of a free criminal record expungement . To qualify, you must be an individual whose income is below 125% of the Federal Poverty Guidelines.

Can a protective order be expunged in Indiana?

Use the Expungement for Conviction forms if you want to expunge one or more convictions from your records, and: You understand that after a conviction has been expunged in any county in Indiana , you have 365 days within which to expunge any other existing convictions in any other county in Indiana and then you may never expunge any convictions in Indiana again , and

What are the new changes to the expungement law in Indiana?

Criminal record expungements are a legal process. But like all legal processes, any citizen could technically do it themselves. Pro se legal representation is the term used for those who choose to advocate on one’s behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether it be defending oneself in a murder case, filing a patent …

When to use the expungement for non conviction form?

Feb 26, 2020 · Felony expungement in Indiana requires a petition to the Court to prove your eligibility. The process can be confusing and difficult to maneuver without an attorney who knows what they are doing. Whether it was a simple mistake or error in judgment that led to your criminal conviction in Indiana, it is clear to underst

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What is expungement law in Indiana?

Indiana expungement law lists the elements that must be included in the petition, which differ depending on the type of criminal record sought to be expunged (arrest, charge, juvenile adjudication, or conviction).

How long does it take to get an arrest expunged?

Following are the waiting periods for expungement of arrests, charges, and convictions: For arrests , charges, or juvenile delinquency adjudications, the waiting period is one year . Even if you satisfy the waiting period, expungement is not automatic. In some cases, additional conditions apply.

Can a protective order be reversed?

The person seeking the protective order did not appear for the hearing. The protective order was vacated or reversed on appeal. Having protective order proceedings on your records can impair many rights and privileges, so be sure to include any protective order records in a petition for expungement.

How long do you have to wait to expunge a conviction?

For eligible major felonies, the waiting period is eight or more years following conviction or three years from completion of your sentence, whichever is later. Even if you satisfy the waiting period, expungement is not automatic. In some cases, additional conditions apply.

Can a criminal record be expunged?

Whether a criminal record is eligible for expungement depends on several factors: The nature of the record (whether the record pertains to an arrest, charge, or conviction) The level of the offense involved. The amount of time that has passed since the arrest, charge, or conviction.

How long does it take to get a felony conviction expunged?

In addition to prosecutor approval, anyone seeking expungement of serious felony convictions must also satisfy these conditions: At least ten years since the conviction OR five or more years from the completion of your sentence , whichever is later.

Can you expunge a criminal record in Indiana?

If approved by a court, an expungement would limit access to the following elements of a criminal record: Under Indiana Code chapter 35-38-9, criminal records in any of these categories and civil protection orders may be eligible for expungement depending on the individual and the circumstances of the case .

What is the law for sealing records?

The 2019 expungement law also allows sealing of records regarding civil forfeiture proceedings. The State may file civil forfeiture proceedings to seize property believed to be the proceeds or product of criminal activity or commingled with such assets whether or not the owner was charged with or convicted of a crime.

Can a protective order be expunged?

The new expungement of protective order laws allow the individual against whom a protective order was sought to have the protective order records expunged from public databases in some cases.

Can a conviction be expunged in Indiana?

Even if criminal charges were dismissed, the Indiana expungement law now allows anyone the subject of a civil forfeiture to seek expungement of those records.

Can you seal a driving record in Indiana?

Finally, the laws on expungement in Indiana also now allow sealing of records regarding specialized driving privileges. For example, where an individual sought specialized driving privileges after a criminal conviction resulted in suspension of driving privileges, that individual can now seek to expunge both the criminal conviction and the records associated with those specialized driving privileges.

Can you expunge a felony in Indiana?

Currently, individuals convicted of a felony involving death, individuals with two unrelated felony convictions involving the unlawful use of a deadly weapon, or individuals with a conviction under Indiana Code 11-8-8-5 may not be eligible for expungement. It’s important to remember that every situation can be different, and the expungement attorneys at Keffer Hirschauer LLP can help you determine if you or a loved one are eligible for an expungement.

Can you expunge a protective order in Indiana?

Prior to the most recent legislative change, Indiana law has never allowed for the expungement of protective orders, forfeitures, or specialized driving privilege. However, now courts in Indiana will be able to grant expungements that seal the records of these types of matters.

How long does it take to get a conviction expunged in Indiana?

Felonies (non-violent and not sexual in nature) can be expunged after eight (8) years from the date of conviction. All court costs, fines and fees, and restitution must be paid. Experienced Representation! – Indiana only allows for expungement of convictions once in your lifetime.

How long does it take to get a misdemeanor conviction expunged?

Misdemeanors can be expunged after five (5) years from the date of conviction.

Why is Avnet Law important?

Avnet Law works quickly to obtain your expungement so you can stop worrying about background checks.

What is a Class D felony?

(1) An elected official convicted of an offense while serving the official’s term or as a candidate for public office. (2) A sex or violent offender (as defined in IC 11-8-8-5 ). (3) A person convicted of a felony that resulted in bodily injury to another person.

Can a conviction be expunged under a different section?

However, that conviction may be able to be expunged under a different section.

Does Indiana have an expungement law?

Indiana’s expungement law offers those who may have made mistakes in the past one (1) chance only to wipe the slate clean of convictions. Since you only have once chance to expunge your criminal record, it is important you get it done right.

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